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U.S. v. CERVINE

No. 02-3169.

347 F.3d 865 (2003)

UNITED STATES of America, Plaintiff-Appellee, v. John J. CERVINE, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

October 22, 2003.

Attorney(s) appearing for the Case

Submitted on the briefs:* David S. Rauzi, Law Offices of David S. Rauzi, Kansas City, Missouri, appearing for Appellant.

Eric F. Melgren, United States Attorney, Nancy Landis Caplinger, Assistant United States Attorney, Office of the United States Attorney, Topeka, Kansas, appearing for Appellee.

Before TACHA, Chief Circuit Judge, EBEL and BRISCOE, Circuit Judges.

TACHA, Chief Judge.

During a canine search of Appellant-Defendant John Cervine's vehicle, conducted after a stop for a traffic violation, Missouri Highway Patrol troopers discovered marijuana and methamphetamine. Mr. Cervine pleaded guilty to one count of conspiring to manufacture and distribute a controlled substance, in violation of 21 U.S.C. § 846 and 18 U.S.C. § 2, and one count of possessing, with the intent to distribute, approximately 53.2 grams of...

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